Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Offence u/ss 304-B, 498-A, 201 IPC - Accused acquitted viz. (i) Shoddy, casual, laconical and insensitive investigation conducted by police; (ii) diary of deceased though seized, had not been produced at trial; (iii) evidence of relative of deceased who had opined that dead body was not that of..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Private compliant - Cognizance of offence - Where contents of private complaint reveal sufficient grounds to invite an offence, mere fact that complainant has sought for relief of forwarding it to police u/s 156(3) Cr.P.C., does not make complaint not maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Once Magistrate proceeds to take cognizance and passes an order u/s 202(1) Cr.P.C., he cannot thereafter, refer to a procedure prescribed u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Difference between the two provisions of Ss.202, 156 Cr.P.C. - Powers u/s 156(3) Cr.P.C. can be invoked by Magistrate at a pre-cognizance stage - Whereas, powers u/s 202 Cr.P.C are to be invoked if cognizance is taken before a complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Deceased left the house after receiving a telephonic message by `M' but no investigation made by investigating agency about call details relating to phone numbers refereed in FIR itself - Prosecution not enquired anything about person `A' who at the first instance saw dead body and..........
Criminal Procedure Code, 1973, Section 156(3) -- Order of investigation u/s 156(3) Cr.P.C. - Order is a final order and not an interlocutory order - Revision lies against such an order...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
Criminal Procedure Code, 1973, Section 156(1) -- Investigation - Local jurisdiction of a police station of investigate a cognizable offence is co-extensive and directly interlinked with local jurisdiction of a Court to inquire into or try such an offence as provided under various sections of Chapter XII Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Investigation - Private complaint - Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C., without a valid sanction...........
Criminal Procedure Code, 1973, Section 156(3) -- Transfer of investigation to CBI - Complaint filed when none of accused was holding a high office - Prior to filing of complaint necessary steps were not taken by petitioners for investigation of alleged offences by local police - Even in the complaint it has not been averred that a honest and fair investigation is not..........
